The Sun. — London, England, 1818-12-25 00:00:00

PROVINCIAL JOURNALS. As what relates to the trading interests of a 'town of so much commercial importance as Hull; 'must be interesting to the Country at large, we - have extracted the following article fcom The Hull Packet, of the - 21st inst. MEETING AT THE GUILDHALL, TO CoNSIDER ON THI3 NECES ,, ITY OF MAKING A JUNCTION DOCK. We stated in one last, that a Meeting of the lerchants. Ship-Owners, and others interested in the trade of this Town, %YRS appointed to be held on Friday, for the purpose of taking into con sideration the state of the port, and generally to resolve on the best means fur obviating the great in,conycnienecs at present daily experienced by the Sl,ipuing, occasioned by the crowded state of the 1.11h,,,,r, and the consequent ditlicnity of access to warellunSel, and the Old Dock in par icular ; trout which state (if pressure and con ;.us.:oll, considerable damage has already been *ustained, and much more might be expected to de.Cl toe, Oeven o'ultirk the taken by the Worihipttil the ti' ayor ; who having desired the rt i,p,l s i; ion to be read t o the :11eet Mg by the Town ex pi essed the great Pleasure he telt on that titonntem being presented to him in his official capacity, - the teadiness ‘I h wl.ich he had ac totietwed in its object, and the swisfaclion it gave Trier to see so winteions and respectable an assent blat;e of his townsmen around him, whose senti ments on he bu,incss of the day he Should be happy to hear. Avisota Tcotav then rose, and addressed the :—" That there was a great want of arrommodation to the trade of the Town," he s a id, was a molt which there was no necessity for him to take up the time of the Meeting in proving. Nor was it , perhaps, prudent to enter into a .detail of the mischiefs that were likely to tesolt from such a state, because it would he diffi cult to do so without miming the risk of exciting an it ritatioo that might defeat the object they had in s'iew. Whatever were the causes of this state of thing, ..:hich he did not pletend to have dis covered, it was fair - to ask, whether, if Provi dence should please to grant us a long interval tat peace, it was not probable that the inconveniences which were now experienced would greatly in crease ? It was his opinion that they would ; es pecially, as enterpizing individuals were opening »ew channels of commercial intercourse. for one, was fully convinced that the advantages of the situation of the port of (lull had not yet Lein enjoyed to their full and legitimate extent ; and that if a proper spirit were dkplayed, greater facilities would be dkcovered, both in the import of goods to the port, and the suppy of the stir minding country, which was now effected by vessels going up the river from other ports with ,goods, of which it would be as easy to make hull the place of import and transit as any other.--- lie trusted the Gentleo:2ll who surrounded him had met with a sincere intention to promote the conveniences and trade of the port, anti to pre veto its being driven to other places, as most be tine case if more accommodation were not effected. 01, former occasions of - this kind there bad been a difference in sentiment as to the choice of situa tion : here there was toom for none, For as all were agreed in the necessity of further accommo dation, so all were of opinion that a New Dock was the object mooed, and that the most eligible situation was the space between the old dock and the new one. There was one difficulty to con tend with. He alluded to the means of carrying into effect what all allowed to be a needful Mea sure. Of these he would not say any thing at present, but !hat, if the business were prosecuted in the spirit of conciliation, he had no doubt of its beiug accomplished. Fie concluded with stating, that the Gentlemen whohad taken an 'active part in the requisition, had been anxious, in the Resolutions he had to propose to the Meeting, to steer clear of every thing that could lead tta hosti lity be:ween any of the parties interested." He then reach the Resolutions, and afterwards moved them one by o:le. Ott fte fire loing proposed, George Schons war, Esq. lose and said, that on entering the Man. sion-ilouse that morning, he had no intention of taking any share in the discussion ; but, having read the Resolotiona, and approved of them, he, with great pleasure, seconded that which had been moved. lie highly approved of the temper in which the Resolutions were drawn op. - They ahewed that it was the wish to avoid all cause of irritation, and, if possible,. to accomplish the so much tweded convenience. One of the Resolu tions proposed a Committee of nine Gentlemen, not connected with any of the public bodies, fur the wirpose of conferring with the Deputations froM these Bodies. This was a wise Resolution, and he did not d - oubt but that men of talents and integrity would be nominated, who would Con duct the business to a soccesoful termination. The other Resolutions were next moved and seconded without further observation. Mr. Al derman W. Bolton then named the Committee, and on his observing that if any Gentleman pre --sent had a suggestion to make, he would be glad to hear hint : Thomas Thompson, Esq. (who attended the Meeting its a merchant and hanker in the town, and not as Chairman of the Dock Company) rose, and said, that he congratulated the Meeting on the proceedings of the day, - which be considered both wise, and perfectly adapted to the neccees, sityrof the case. The want of a New Dock was confessed by all. The Dock Company had been convinced of it long ; and they not only thought a D.wk was wanted, but were desirous that one should have been commenced last year, as was manifested by their having given a notice to that effect. 'The town did not appear at that time to feel the want of another Dock. A different sen timent, however, (and he was sorry for the causes which had produced it,) was now wanifest ; and though the Dock Company were not bound, ac cording to the provisions of the flumhet Dock Act, to make a Dock till their 'irofits amouotel to a certain average of three years, (and then they were obliged to pay only half the expellee) 'yet he tho - nght he viola say for the . shiireholtlers in Mil t that they were disposed to meet the town on liberal terms, and to Waive their pri vilege, if a sufficient guarantee were offered for the other half. lie admitted the interests of the Company were As much concerned as those of the town in making a New Dock. If the trade were not accommodated, a great deal of it would go to other places ;, and be could assure the Meet ing, that there . were other Owns, which had great influence with Government, anxious to share it with us and that the present, Admini stration was always ready to grant facilities to commerce wherever they were likely to improve it. Ile had understood that a partial opposition to the wishes for a New Dock was entertained by certain.individoals in ibis town, Who thought that their property would be decreased in value ; by this measure. Bitt, he would ask, if the trade should leave the Port for want of accommodation, what would be the use or valor of Wharfs and Ware houses ? or what monkd be the value of Dock Shares ? tie trusted, however, that the recent measures adopted by the Dock Company in the purchase nt Ground from the Corporation had been re ceived by •the public as an earnest of their ‘vishes to arcniomodate the Trade.—The CoMpany•made au inquiry respecting that ground, 'the Corp,. t tion very promptly answered the same by - an ()lE.r of it to them, and the purchase had beet% made. lie felt assured that all pat-ties, Dock Share holders as %%ell as the Merchants at large, knew the force of these considerations, and that all parties would join heart, hand, and purse in con tributing to the prosperity of the town.—Thanks were then voted to the Chairman. LAW INTELLIGENCE. VICE-CILINCELLOWs' COURT', DEC. 24. BLENEIEIM. THE ATTORNEY-GENF.EAL V. THE DUKE OF MARL.. BOKOUGLI. The paper of causes Navin;: been gone through, this important question came on specially ; his nouour having, as we before stated, expressed a wish to hear Counsel farther on it. Mr. Bet 1., in support of the Demurrer, con tended, that the Act of Parliament, which gave the sum of 50001. to the Duke of Marlbor:ottgh out of the Post Office revenues; could be taken in no other light than that of a public one, and in unison with the other two Acts of Parliament. There were, he said, three questions in the pre- • sent case : The first was, Could the destruction of the house be restrained ? the second was, Could an applicationio the Court of Chancery, to prevent the cutting down timber, be maintain- ed ? and thirdly, Would the Dem - tater Wed to that application stand ? The commission of waste, on an estate similar to the present, eouhl not be, prevented by an order of a Court of Equity, and it lay with the other side to show that there was something in the present Act of Parliament which would have the effect of preventing the present Duke of - Marlborough cutting down the tin►ber on the estate, or committing waste. He was con fident that it was nor the intention,of the legisla ture to give the Duke'of Marlborough less powers than any other man and it that was the case, which hi, Learned Friends had contended, the successors of the Duke of Marlborough might pl tot, though they coold not cut down timber.— Had the Duke of nolhorough thought fit to plant trees descriptive of the memorable Battle of Blenheim on Ole estate, or had he thought fit to plant trees in representation of the 12 signs of the Zodiac, they must in that case have remained to all eternity as ornaments of each other. The VICE-CHANCIILLOR said the estate was a gift of the Legislature, and it was open to every succeeding Duke of Marlborough to improve and ornament it in rite best way be could for his own comfort. . . Mr. BELL said, though the mansion of Blen heim was began to be built in the reign of Queen Anne,, it was not finished till the at George I. when an Act of Parliament was passed for that purpose. The VICE-CHANCELLOR said, it was an histo rical fact that the reason the mansion was not finished in the reign of Queen, Anne, was, that the then Duke of Marlborough had in some men sure lost the favour of the Queen, who refq,ed to advance any more money fur the completion of it. Mr. BELL proceeded: He went over a consi derable portion of the strongest arguments ad duced on the former occasion in support of the de owner, in the course of which he adverted to the various Acts of Parliament made relative to the present question. The VICE-CHANCELLOK said, that on looking into the recitements of the 'Act which gave the pension, a difficulty arose as to whether that pension was or was not given for the preserva tion of the honours of the family, inseparably with the Mansion of Blenheim, the latter of which had been specially introduced into the Act of meat at the request of the Duke of Marlborough, and was not therefore merely incidental to it. The Doke also, it appeared, had given his con sent to settle the pension of 50001. on his heirs, in order that it might go with the estate, honours and dignities of his Grace. Mr. Bart. said, it had been held in the case of the Attorney-General and Davis v. the Duke of Marlborough; that the pension and manor of Woodstock were quite different, for the Lord Chancellor in that case appointed a Receiver of the land, but not of the mansion ; in fact, the question relative to the house was not argued be fore his Lordship, The restriction of alienation of the pension, he submitted, arose f►ow the mode of payment ; for it was expressly directed that the' receipts of the Duke or his successors were to he personally given on the money being paid. After contending of great length, the Learned Council concluded that the same powers were vested in a tenant entail, and that the Court had no power to interfere to prevent the cutting down timber. The VICE-CHANCELLOR said, I►e bad put the case in two ways when it was before the Court on Monday List. The first was, did the Duke of Marlborough intend to commit dest,ructiOn nn the house ? for this purpose it would be necessary to look at the record in the present case, which stated that be intended to commit waste. If his Grated:a intend to aeitroy the thanitiou, his Hour most of course over -role the demurrer, for if the family were bound to maintain the house, they were also hound to maintain the tie cessary thither for shelter and ototament ; but if the present Duke only intended to cur down such timber as would be necessary for the purpole Of repair and •keeping up the mansion-house, -then his Honour would be called on to allow the de murrer. It had been argued that the gtotevlue timber planted in the reign of Queen Anne must be left standing to eternity ; his Flonoor did not understand the meaning to be such, for every suc ceeding Duke was entitled to cut timber for the benefit of the estate. Mr. NVRAY followed on the same side, and ar gued at crinsiderable length. The question was not whether the Legislature, had it been stated that some of the facts now committed might have happened,.would have nwle some enactments to prevent them, but whetYier the mansion was not intended to - perpetuate the services of the Duke'of Marlborough, and if that was - the cave, was it not a natural inference, that it was to last for ever ? Could it be argtied that the grant haul been male by Queen Anne in fee, when the only.serviee re quired to be rendered by the Duke and his heirs, was the presentation of a red flag, to float o n that venerable pile, Windsor Castle; every - year. 1t could not be maintained that any person in pos session of the estate conk' be restrained from doing a-y I ttle act of ownership, which a tenant entail could do. It would be going a monstrous length to say that aCom t of Equit y had the powerof imposing greater restraituts than those of the Legislature. The Duke held the .estatewithont impeachment of waste,. and if the mausion had been burnt down, would he have been bound to have rebuilt it ? The third Act of Pailiament, lit contended, did not in the least alter the two former ones; it merely•recit ed the provisions of them, and showed that as the House of Lords and her Majesty Queen Anne had been pleased to reward the services of the Noble Duke, the [louse of Coin-mits might also show the estimation in which they held his services, and for which purpose they presented' an Address to her Majesty for the purpose of mak log perpetual the pension given to his Grace to go along with the honours and estate. The VICH-CHANCELLOR said, " If the words of the Act had been in effect, that the succeeding Dukes should enjoy but not destroy the estate, was the Court to be told of the inconvenience that would arise ? That argument would go for nothing " Air. WRAY submitted, that what was held in other casts as destroction, could not in this case be held to be improvement.. The VIcE-CHANcELLoe said, " That argumetit 'would not have ally effect ; for, front the import anceand peculiar nature of the present, there was no case applicable to it Air. WHAT said, "If there were such an en. actitient as his Ilonour bad • alluded to, it would be necessary to make a new principle to he adopt ed to the present case. He submitted, in conclu sion, that the demurrer might to be ht Id good, tor if the Duke was restrained as to the house, he was also as to the timber ; but if not to the timber, then he was not to the house." Mr. lIANLON followed on the same side. . . The ,01.1CITOR-GENE 2 . II, rose to teply, bot _ . The ViCE-CHANCE.:I.I.Or , did not deem it neces sary. Ilia Honour said, he had given the east, very great consideration, before he again called on the Gentlemen to re-argue it. His Honoor disclaimed , any such authority as:.tios,power of overruling an Act of Parliament, fora Court of Equity were bound in the same manner as a Court of Law. The meaning of the Act of Pathan:eta here was not to be taken from the mere espies sion, but by its \dick tenor ; and in doing so, it was not only necessary to look into the Act itself, but into all the Acts which ;Tilted to it. All statutes therefore in pan materia must be looked at, for the purpose 'of finding out the intent and meaning of the specific Act of Parliament. The question which arose on this part of the case • caors, had the Duke of Marlborough done, - or was it imputed to his Grace to have - done, that which would warrant the Court in 're straining him Irons executing that right which was contended for on his behalf ? The dis tinction which Mr. Bell had drawn was certainly one of great force ; and-, in his Honour's opinion, it was acting on a sound principle to restrain cjus- . dens gene, is from committing waste The general question Was as to the right of the Doke-to cut down timber, and it was clear, that if the Duke was entitled to maintain the mansion, he might cut clown timber for necessary repairs, but then he could not cut down that planted for ornament and shelter. On this question his Honour was of opi nion that it was the intention of the Legislature that the Dukes of Marlborough hail a right to maintain the mansion of Blenheim. The Doke had received the Manor of Woodstock fur his services, but which having been destroyed, he got indict) of it Blenheim, though the Act •of Parliament did not state whether Blenheim was erecting at the time ; that however was immaterial, for the gift of it was subsequently confirmed' to him. The Noble Family of the Duke had been distinguished in a pre-eminent manner, and it was necessary that the succeeding issue should be reVrained by limitations, which, according to the importance of the case,'aud its peculiar trture, should resider it a lasting monument to foturity. The Duke, acting with becoming prudence, bad applied to the Legislature, through the CroWn, for the pur pose of having it directed that the previous titles of his Grace should have the Estate of Blenheim annexed to them, and that they should go toge ther; in consequence an Act of Parliament pass ed, which, atter reciting the previous titles, provided that the successive tenants should not defeat their issue by fine or recovery. It was en this Act the ease principally turned, and the question was, Did the Legislature mean the man sion of 'Blenheim to go with the titles and digni tics, or did it mean to separate theta ? Adverting to the Acts of Parliameot j his Miitt . said the list two were of great importance; f; in Ir s Honoor's opinion, it was intended by tolmike noeqiiivocal what was equivocal in the first one. He could not hold any other opinion Oran that the Duke could not destroy the house, fur lie could not eutettain a doubt that it was not the 'wen- Lion of the Legislature that it should last for all ages, and that every succeeding ifiLke should keep it in repair. This being the case, his Honour could not lit fre r any other act of destroction to be effinmitto on the estate. The question as to the right to cut timber had better be arv,tted whenthd 'notion for dissolvin4 the Ininnction is made, foi' all the duty 'imposed on the Court was to prevent the destiltetion of the premises, anti therefore thO demurrer must be overruled. TMOMAS V. MONTGOMBRIE AND OTHERS. Sir AETHUR PiGGOTT Said, this was the petitioti of the Countess of Yarmouth; praying that it might be seta to the Master to appoint the Eat of Yartnouth her trustee, to receive .from the defen dants, executors of the will of the late Duke of Queensberry,a tran,fer of certain lertseitud pro,. perty given tri her by the will of the Duke for her separate use. Mr. IttowEa said there could be no ohjeetiod on the part of the trustees, but care was t o bd taken that they acted rightly, as there were snrod Scottish claims to • great amount. Mr. Ross (for Lord Yarmouth), declared los Lordthip was ready to take the trust on him. The Vice-CHaNcELLoa granted the. prayer of the Petition, without prejudice to .the general.' question . , as he did not see that lie eol.ld resist after the order of the, Lord Chancellor, Mild** gi anted 240,0001. tti legatees. Lon) sHAYTESBURY V. THE DUKE OF bt ‘llLBonotiGil• In the case Of Viscount Cliefden, which we g ave yesterday, the Court referred the whole back to titel Master, allowing, in the mean time, his Lords 4 to receive the rents of Steeple Barton Estate,ArittO liberty to him or the Duke of Marlborough to 131 f ouosols before the Master, for the better letting of that estate. In the mean time Lord Cliefdel. was ordered to file a bill, as the Court considered. they could not grant him any relief prayed foo until that was dune; but he might go on to re.' ceive the rents. • .The Court • then adjourned to the first Seali %bleb vt ill be on the Ifith of .January. The Lora Chancellor intends to sit for • bearing Bankroll" Petitions on the 7th of that [tomb. COURT . OF KING'S BENCH, Dte: - f4. This day the CHIRP JUSTICE tried severs!• causes of no general interest. 'lke only test= worth the least notice wits an action of slander, in which the Juty gave one farthing; dausergel. •The Court ruse at two o'clock. ROBBERY.—The night before last, - aGentlemadi named Harridge, was robbed near tite Obelisk, IS ' a silk handkerchief and a snuff-Fox, which were) taken out of his coat pocket by a villain, who WO observed by Mr. H. the moment he had posses' stun of the property; be followed the villain, and 4110 t her rascal came' behind him and tripped of) his beds, and they escaped. Clarke, a notorious char e'er, we& ar preitended in East Smithfield, by Shaw, the CO'' stable, in the net of passing forged Bank of land notes. Ott his apptehension he levelled the constable to the ground ; but be getting assist' once, succeeded in inking hint before the Magis•• traces at Lambeth-street Police Office, where be underwekt an examination, and was remunrircf He has bat just been liberated from the Coto l l Jail at Warwick. A dreafittil accident occurred yesterday marl' jog iu "I.lla luel-3( reet. A yoimg tuat> w ith a 104 4 tin tus,shoilid,r4 supped from thc curb-stone io" P the.ioad, helore he could. recover himself, the wiled of a cart which was pirs...itig rail ova his kg, and broke it near the uncle. A stniilar accident took place oil Stt . turclay last. Oct Friday afternodri, a Or! about eight year s of a:4e, the dailghter of -- Ruck, r rr.r itougl)". Krnt, was drowned by fallinu into pond, near the cottage of her father; to which 511 4 had been sent fora pail of weer. BIRTH. On the 24th instant, the LaJy of H. It. Flaw, in CO"' street, of a daughter. MARIII ED. On the 15th instant, Lieut. John Baxter, R.N. to Mari Louisa Fitzgerald Enstare,•eldest daughter of William Ete stare, F.;(1.. Greenwich, Kent. - -; • On Nlonday last, at fjamstead, Charles Miller, Esq. P 3 Y; master of the Royal East Middlesex Regiment , to Jane, Ode daughter of the late 'nutrias Paget, Esti. of the above plAce., DIED. On Wedne.day last, the 23d instant, at his house, in. 173 ren-street, Fitzroy square, Colonel James Robertson, - late Royal Westminster Volunteers, in the 66th year of h i age. On Wednesday, the 23d instant, in the 13th year of ..P: f age, at the ihouse of his father, at I3ishop's Stortforilt typhus fever, contracted at school, in London, John lia r ' Roberts, second son old. Watson Itolxrta s , _ PROVINCIAL BIRTHS, MARRIAGES, AND DEATHS' at RTHS. - - of On the Igth inst. the Lady of Julie Barkwortb, Fl+ill, of a son. On the 19. th inst. at the Vine, Sevenuaks, the Lasl I f , Charles Carter Petley, Esq. of a son. MAHRIED. • At Glasgow, on the 14th inst. Mr. Wnt. Young, to hi ll " garet, eldest daughter of Mr. Jatne.s At Turnerfte on the 15th init. Mr. Donald htiLeod, Glasgow, to J.•an, eldest daughter of the late Joh n Nt`nougal, F.4q. Glasgow. On the 17th lust. at the Cathedral, Canterbury, Fle"„ri Aucletson, Esl. of the 69th Regiment, to Letitia, W e " , daughter ut Wilitata Abbott, Esq. ut the Preeiuets. On Friday higt,,nt Brookhind, Kent, Nlr. Charles Sa01 0 : : ,. On Antic, eldest daughter of John BA' lll ° 7 Esq. Ordnance Stoi cheeper at Chatham. Same day, the sun of Mr. S. Dickenson* °I UCLA-altar-place, Chatham. Lately, at,Appledore, Kent, Mr. Jonn Boon. Wilithy, in Y o rkshire, on the loth nit-Thomas Picric" Esq. At Glorat, Scotland, on the lith inst. Mr. Alex. Aitken... On tin: ith inst. Wiiliatn :Johnstone, Esq. of Wagon', Dutntri ThursL s-slidire. On ay last, William 17tirr, sett. Esq. of Riby GroVe, Liocolositice. i n tbe On Thursday week., in Wiekhatu•street, Portsea, •- 113th year of his agv, Thos. Bulweli, a native of Portsea. a r lt LONDON: Printed hy.l: B. CARSTAIBS, of \c'. 99, , -- . Ornind-strtet, Woven-square; and published I,V / - •-'„g. .Is: SCRIPPS., of No. 7, South Nio l ton - stree t, at 'Fuss ". ' 011 ice, No. 112. Strand ; %t here Affect' tisenienti) Let'Aris, ice. Gust-paiti) Inuit be c..h,tretscd. / I ~~ Apt n~. y°rs 0: Kay ; 11 A Ti fro, In ai E We I th e :this The 2 er Q si 'tl is